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Republic v. Cagandahan, GR No. 166676, 12 September 2008
Republic v. Cagandahan, GR No. 166676, 12 September 2008
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* SECOND DIVISION.
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VOL. 565, SEPTEMBER 12, 2008 75
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76 SUPREME COURT REPORTS ANNOTATED
QUISUMBING, J.:
This is a petition for review under Rule 45 of the Rules
of Court raising purely questions of law and seeking a
reversal of the Decision1 dated January 12, 2005 of the
Regional Trial Court (RTC), Branch 33 of Siniloan, Laguna,
which granted the Petition for Correction of Entries in
Birth Certificate filed by Jennifer B. Cagandahan and
ordered the following changes of entries in Cagandahan’s
birth certificate: (1) the name “Jennifer Cagandahan”
changed to “Jeff Cagandahan” and (2) gender from “female”
to “male.”
The facts are as follows.
On December 11, 2003, respondent Jennifer
Cagandahan filed a Petition for Correction of Entries in
Birth Certificate2 before the RTC, Branch 33 of Siniloan,
Laguna.
In her petition, she alleged that she was born on January
13, 1981 and was registered as a female in the Certificate
of Live Birth but while growing up, she developed
secondary male characteristics and was diagnosed to have
Congenital Adrenal Hyperplasia (CAH) which is a
condition where persons thus afflicted possess both male
and female characteris-
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5 Id., at p. 99.
6 Id., at p. 103.
7 Id., at p. 104.
8 Id., at p. 136.
9 Id., at p. 127.
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Rule 103
CHANGE OF NAME
Section 1. Venue.—A person desiring to change his name
shall present the petition to the Regional Trial Court of the
province in which he resides, [or, in the City of Manila, to the
Juvenile and Domestic Relations Court].
Sec. 2. Contents of petition.—A petition for change of name
shall be signed and verified by the person desiring his name
changed, or some other person on his behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of
the province where the petition is filed for at least three (3)
years prior to the date of such filing;
(b) The cause for which the change of the petitioner’s
name is sought;
(c) The name asked for.
Sec. 3. Order for hearing.—If the petition filed is sufficient in
form and substance, the court, by an order reciting the purpose of
the petition, shall fix a date and place for the hearing thereof, and
shall direct that a copy of the order be published before the
hearing at least once a week for three (3) successive weeks in
some newspaper of general circulation published in the province,
as the court shall deem best. The date set for the hearing shall not
be within thirty (30) days prior to an election nor within four (4)
months after the last publication of the notice.
Sec. 4. Hearing.—Any interested person may appear at the
hearing and oppose the petition. The Solicitor General or the
proper provincial or city fiscal shall appear on behalf of the
Government of the Republic.
Sec. 5. Judgment.—Upon satisfactory proof in open court on the
date fixed in the order that such order has been published as
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10 Id., at p. 134.
11 Id., at p. 136.
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directed and that the allegations of the petition are true, the court
shall, if proper and reasonable cause appears for changing the
name of the petitioner, adjudge that such name be changed in
accordance with the prayer of the petition.
Sec. 6. Service of judgment.—Judgments or orders rendered
in connection with this rule shall be furnished the civil registrar
of the municipality or city where the court issuing the same is
situated, who shall forthwith enter the same in the civil register.
Rule 108
CANCELLATION OR CORRECTION OF ENTRIES
IN THE CIVIL REGISTRY
Section 1. Who may file petition.—Any person interested in
any act, event, order or decree concerning the civil status of
persons which has been recorded in the civil register, may file a
verified petition for the cancellation or correction of any entry
relating thereto, with the Regional Trial Court of the province
where the corresponding civil registry is located.
Sec. 2. Entries subject to cancellation or correction.—Upon
good and valid grounds, the following entries in the civil register
may be cancelled or corrected: (a) births; (b) marriages; (c) deaths;
(d) legal separations; (e) judgments of annulments of marriage; (f)
judgments declaring marriages void from the beginning; (g)
legitimations; (h) adoptions; (i) acknowledgments of natural
children; (j) naturalization; (k) election, loss or recovery of
citizenship; (l) civil interdiction; (m) judicial determination of
filiation; (n) voluntary emancipation of a minor; and (o) changes of
name.
Sec. 3. Parties.—When cancellation or correction of an entry
in the civil register is sought, the civil registrar and all persons
who have or claim any interest which would be affected thereby
shall be made parties to the proceeding.
Sec. 4. Notice and publication.—Upon the filing of the
petition, the court shall, by an order, fix the time and place for the
hearing of the same, and cause reasonable notice thereof to be
given to the persons named in the petition. The court shall also
cause the order to be published once a week for three (3)
consecutive weeks in a newspaper of general circulation in the
province.
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12 Republic v. Court of Appeals, G.R. No. 103695, March 15, 1996, 255
SCRA 99, 106.
13 Ceruila v. Delantar, G.R. No. 140305, December 9, 2005, 477 SCRA
134, 147.
14 Republic v. Benemerito, G.R. No. 146963, March 15, 2004, 425 SCRA
488, 492.
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